Tag: Constitutional Law

Going Rogue

Though I do like breaking femurs You can count me with the dreamers Like everybody else, I got a dream… (I’ve got a dream, Tangled) The jig is finally up, politics isn’t running as normal anymore (although ‘the oppressed’ always knew that the ‘state of emergency’ was normal, reminding us that our ‘amazement’ revealed the…

The Encrypted Constitution: A New Paradigm of Oppression

Encryption

The key to power as domination in our pseudo-democratic, globalized world is its encryption. Our task is to develop strategies for its decryption. Ever since judicial supremacy was affirmed in Marbury v Madison [5 US 137 (1803)], the political content of US-inspired constitutions has been compressed and turned into purely techno-legal content (ordinary law). What…

Sumak Kawsay, Interculturality and Decolonialization

Many commentators have been highlighting the novelty of the Ecuadorian constitution’s recognition of the right to nature and even the concepts of buen vivir and sumak kawsay (‘good living’ in Spanish and Quechua respectively), analyzing them as though they were simple variations of liberal concepts that can be found in other Latin American constitutions. However,…

Notes on the ‘Loss of Sovereignty’

A standard justification for the cuts to public services, the policy of prioritising the repayment of private speculator debts over funding for hospitals and schools, the policy of converting private speculator debt into sovereign debt, is that ‘we’ have lost our sovereignty, or, in a more refined version, ‘we’ have lost our ‘economic sovereignty’, as…

The New Irish Constitution

Following the Irish Government’s decision to modify the constitution of 1937 following a new constitutional convention, the Ice Moon Blog – which has contacts in the highest places in the Irish State – has been able to obtain a secret government memo with a full mock-up of the new constitution to be amended after the…

New Latin American Constitutionalism: Challenging Eurocentrism & Decolonizing History

In the year in which the Colombian constitution celebrates its 20th anniversary, the topic of new Latin American constitutionalism seems to have been gathering significant attention. But there are, specifically, notable divergences over its characterization and periodization, with some bearing epistemological marks. According to Viciano Pastor and Dalmau Martinez, this new constitutionalism would be characterized…

Constitutional Politics & Capital

Colombia’s 1991 constitution is seen by many as the threshold of an intense political process that has arrived at a set of revolutions in Bolivia, Ecuador, Venezuela and now, maybe, Peru. Furthermore, in the midst of a horrible conflict, Mexico is looking to a Colombian-style constitutional assembly to overcome the bloodshed its people have suffered.…

The People Cometh: From Popular Existentialism to Anarchy

Abstract The undertaking of this article is to assemble an ethical and political meaning of the people as necessary to any legal order that reputes itself democratic. The challenge is then set to think difference and multiplicity not from legal orders but from the democratic abyss, antagonism not from constitutional law but from constituent power.…